Terms

This page details the terms of use by which you may make use of our website (“our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please do not use our site.

Information about us

“We/Us/Our” means SMART. SMART is a trading division of Foxway who is the provider of this service.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user account, password or any other piece of information, you must treat such information as confidential, and you must not disclose it to any third party. We decline all and any responsibility in the event you suffer any loss or damage following any unauthorised use or misuse of your password. We have the right to disable any user identification name or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of our terms and conditions.

User IDs and passwords

If you register for an account with our website, we will provide you with a unique password.

You must keep your password confidential.

You must notify us in writing immediately if you become aware of any disclosure of your password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Acceptable use

When using our site, you agree that you will use our site only for lawful purposes.

You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.

Is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software designed to adversely affect the operation of any computer software or hardware;

To conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

Access or otherwise interact with our website using any robot, spider or other automated means.

You also agree:

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

Not to access without authority, interfere with, damage or disrupt:

any part of our site;

any equipment or network on which our site is stored;

any software used in the provision of our site.

Ownership

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference only.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. We make every effort to ensure that all the information on our site is as accurate as possible at all times and in the event of an error we will endeavour to correct such error as soon as reasonably possible.

Our liability

The material displayed on our site is provided free of charge without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

any losses arising out of any event or events beyond our reasonable control;

loss of or damage to profits, income, revenue, use, production, anticipated savings, business, commercial opportunities or goodwill;

loss of anticipated savings;

loss or corruption of data, database or software;

any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the standards set out in these terms and conditions.

If you wish to make any use of material on our site other than that set out above, please email your request to u [email protected].

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law

Unauthorised use of Our website may result in violation of various European Economic Area, United Kingdom or United States and international intellectual property laws.

The applicable law will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

If we fail to exercise any of the rights or remedies to which we are entitled under these terms, this does not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

If any of these terms are determined by any competent authority to be invalid, unlawful or enforceable to any extent, such terms, will to that extent be severed from the remaining terms and the rest of the affected term and these terms shall continue to be valid to the fullest extent permitted by law.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes that we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Entire agreement

These terms of website use, together with our privacy policy, terms of service for donors or terms and conditions for organisations wishing to operate a fundraising event, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Your questions

If you have any questions about material which appears on our site, please email ukprivacy@foxway.com.

At Foxway, we’re committed to our customers. As well as providing you with a great range of excellent value services and products, we believe it’s important to protect your privacy.

1. Why do we have a privacy policy?

We’ll collect certain personal information from you when you use our website, when you get in touch with us and, if you sign up, during your customer journey.

The purpose of our privacy policy is to let you know:

How and why we collect your personal information;
How we use and disclose your personal information (and to whom);
How we protect your personal information; and
How you can access your personal information.

2. Changes to our privacy policy

If we make any changes to our privacy policy, we’ll post changes on this page so that you’re always aware of what information we collect, how we use it and under what circumstances we disclose it.

3. Dealing with your personal information

3.1 Collecting your personal information

What will we collect?

The personal information we collect includes your name, email address, postal address, phone number and any other relevant information we need in order to provide our services to you.

We’ll also track your use of our website through cookies – see section 4 below for more details.

When will we collect it?

We (and our agents) collect certain personal from and about you during your sign-up journey, whenever you get in contact with us or use our website or as part of providing our services to you – for example, if you use our website to access your account. We may also monitor and record any communications we have with you, including phone calls and emails, to make sure we are providing an excellent service to our customers.

3.2 Using your personal information

We (and our agents) may use your personal information to:

Provide our services to you;
Contact you to see if you would like any help, if you’ve requested support from us or have started but not finished the sign-up journey;
Contact you for suggestions on how we can improve the way we provide our services to you (e.g. we may ask you to complete a survey);
Help train our staff, including using your calls and emails as part of our quality monitoring and training processes;
Create reports or profiles to analyse information for marketing purposes; or
Help detect and prevent fraud, debt or loss.

Contacting you

We’ll always contact you in the way you’ve asked us to by phone, SMS and/or email.

Marketing information

When you first provide your personal information to Foxway, we’ll give you the chance to choose whether you’d be happy for Foxway or our selected third party partners to contact you with marketing information and if you have any preferences for the way you’d like to be contacted. This will include contacting you by email, phone, SMS, multimedia message or other forms of electronic communication.

We (and our agents) will use your personal information for marketing purposes only if you’ve told us we can.

If you’d prefer not to receive this sort of marketing information, or want to change how you receive it, you can always contact us at [email protected] at any time. We’ll occasionally remind you that you can update your preferences for receiving marketing information, or if you haven’t told us what your preferences are, we might get in touch to find out.

3.3 Disclosing your personal information

We may allow other organisations and people to use personal information we hold about you:

To provide any services you have asked for, including providing information to members of your family or household and anyone acting on your behalf (provided you’ve given your consent);
To provide you with information about our products and services or other products and services which may be of interest to you (provided you’ve given your consent);
If we sell one or more of our businesses;
To help prevent and detect debt, fraud or loss. We may give this information to the authorities.
If we have been asked (for example, by a regulatory authority such as Police) to provide information for legal or regulatory purposes; or
As part of current or future legal action.

Disclosing information outside the UK and EEA

Sometimes these organisations or people may be outside the United Kingdom (UK) and European Economic Area (EEA), so we may pass your personal information to countries that do not have the same standards or protection for personal information as the UK or EEA. If we, our agents or our service providers do this, we’ll always make sure that these organisations will secure your personal information.

3.4 Protecting your personal information
We follow strict security procedures to protect your personal information and compliance with UK and EU General Data Protection Regulation (GDPR). This includes following certain guidelines (for example, checking your identity when you phone us).

We strongly recommend that you do not disclose your Foxway log-in details to anyone. For safety please always remember to logout of your account when you have finished using Foxway.

From time to time, our website may include hypertext links to sites which are created by individuals and organisations outside of Foxway. We do this when there is a particular relevance, for instance to use third party services or links to external information. Whilst we always try to check that the content of these sites is suitable, we cannot take any responsibility for the practices of the organisations who publish the sites that we link to, or the accuracy or relevance of the content contained within them.

3.5 Accessing your personal information

You can contact us and ask for a description of any personal information we hold about you, what we’re using it for and who has access to that personal information.

You can also ask us to delete or correct personal information we hold about you if it’s wrong.

If you do contact us, we’ll need to verify your identity before responding to your request.

To request personal information, please email u [email protected].

4. Foxway use of cookies

4.1 What are cookies?
A cookie is a piece of information stored in a small file which is sent to and from web pages. They can be used to identify that you’ve visited websites before and some will be stored on your computer by your web browser. They are anonymous, so they don’t store any personal information of any kind.

4.2 How does Foxway use cookies?

We use cookies to understand how people use our websites and to help us to make your experience of our websites better.

Foxway websites
We use short-term cookies to recognise your device as you move around our site and to remember any information you have entered into search boxes for next time you visit us.
Measuring web traffic
We use programs such as Google Analytics to help us find out how many people visit our websites, which pages and parts are most popular, how long people spend in each area and what information people are searching for. These insights help us understand how to improve our websites.

Google Analytics uses cookies to collect non-personally identifiable information like browser type, operating system, referring site, the date and also the time of a visit. If you’d like to know more, click here for more information about Google Analytics.

Advertising

We also use products like Google Analytics Advertising, including remarketing with Google Analytics, Google Display Network Impression Reporting and Google Analytics Demographics and Interest Reporting features. These products help us understand what ads work best so we can more effectively promote our products and services to you.

4.3 How can you manage cookies and where can you find further information?

If you don’t want us to use cookies in your web browser, you can remove them from your computer or change your browser settings so that it either blocks cookies altogether or asks you if you’d like to accept them from some websites.
You can also stop us collecting data through the following sources:

Google Analytics Advertising Features – visit https://www.google.com/settings/ads/ and adjust your personal settings.

However, please remember some of our cookies are essential for our websites to work properly.
The internet industry body, the Internet Advertising Bureau, has set up a website to provide information and advice on cookies, tags and behavioural advertising, you can click here to find out more. Another trusted source which gives information about how to delete and control cookies is www.aboutcookies.org/.

If you have any questions about the way we handle your personal information, please get in touch at [email protected] and we’ll do our best to help you.